Neutral Citation No. - 2025:AHC-LKO:37632 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 362 of 2024 Applicant :- Anubhav Shukla Opposite Party :- State Of U.P. Thru. Secy. Home U.P. Lko. Counsel for Applicant :- Rajendra Prasad Mishra,Amaresh Kumar Counsel for Opposite Party :- G.A.,Neeraj Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri R.P. Mishra, learned counsel for the applicant, Sri Gyanendra Singh, learned AGA for the State and Sri Neeraj Singh, learned counsel for the informant. 2. Sri R.P. Mishra has filed supplementary affidavit enclosing therewith the statements of PW-2- Pratibha Bajpai and PW-4- Sanskriti Bajpai alias Srishti Bajpai, the same is taken on record. 3. As per learned counsel for the applicant, the present applicant is in jail since 06.09.2022 in Case Crime No.724 of 2022, under Sections 302, 307, 324, 452, 504, 506 & 120-B of IPC, Police Station – Kotwali, District – Unnao. 4. At the very outset, Sri R.P. Mishra has submitted that in the impugned FIR, the allegation has been levelled against the present applicant but during investigation names of two more accused persons have been surfaced, namely, Gaurav Shukla and Prakhar, who have been granted bail vide orders dated 24.07.2023 & 18.08.2023 passed by this Court in Criminal Misc. Bail Applications No.2817 of 2023 and 4586 of 2023 respectively. He has also submitted that the present applicant was a student of B.Sc. when the alleged incident took place. The present applicant is having no prior criminal history of any kind whatsoever. 5. Further submission of Sri R.P. Mishra is that relevant fact witnesses have been examined as those statements have been enclosed with the supplementary affidavit. Therefore, considering the aforesaid aspects, the present applicant may be enlarged on bail. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings. 6. Learned A.G.A. as well as learned counsel for the informant has vehemently opposed the aforesaid bail application by submitting that since the present applicant is the main accused, therefore, the main allegations have been levelled against him and looking into the conduct and criminal psyche of the present applicant, he is not entitled for bail. However, other submissions so raised by Sri R.P. Mishra have not been disputed. 7. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that present applicant was a student of B.Sc. when the alleged incident took place; other two co-accused persons have been granted bail by this Court; relevant fact witnesses have been examined; the applicant is having no prior criminal history of any kind whatsoever and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let applicant- Anubhav Shukla be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code/ 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./ 84 of the B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code/ 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./ 351 of the B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (v) The applicant shall not leave India without previous permission of the court. 10. After releasing from jail, the present applicant shall not contact the victim or her relatives and if it is found that the present applicant tries to meet the victim and influences her, any appropriate application for cancellation of bail may be filed. 11. Before parting with, learned trial court is directed to conduct and conclude the trial with expedition taking recourse of Section 309 Cr.P.C./ 346 B.N.S.S. and no unnecessary adjournment shall be given to any of the parties. [Rajesh Singh Chauhan,J.] Order Date :- 3.7.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench